Every company including foreign company which carries out its business through electronic mode, whether its main server is installed in India or outside India, which-
(i) undertakes business to business and business to consumer transactions, data interchange or other digital supply transactions;
(ii) offers to accept deposits or invites deposits or accepts deposits or subscriptions in securities, in India or from citizens of India;
(iii) undertakes financial settlements, web based marketing, advisory and transactional services, database services or products, supply chain management;
(iv) offers online services such as telemarketing, telecommuting, telemedicine, education and information research; or
(v) undertakes any other related data communication services, whether conducted by e-mail, mobile devices, social media, cloud computing, document management, voice or data transmission or otherwise, shall be deemed to have carried out business in India.
26 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]